S.3929 - A bill to authorize military commissions to bring terrorists to justice, to strengthen and modernize terrorist surveillance capabilities, and for other purposes.109th Congress (2005-2006)
Summary: S.3929 — 109th Congress (2005-2006)
Introduced in Senate (09/22/2006)
Military Commissions Act of 2006 - Authorizes the: (1) President to establish military commissions (commissions) to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other triable offenses; (2) commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life; and (3) Secretary of Defense to carry out such sentences. Prohibits a combatant under trial from invoking the Geneva Conventions as a source of rights.
Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try such combatants for violations of triable offenses. Makes eligible to serve on a commission any U.S. commissioned officer on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.
Prescribes, with respect to each established commission, pre-trial and trial procedures, including charges, rules of evidence, pleas, opportunity to obtain witnesses and other evidence, and defenses. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought.
Prescribes post-trial procedures and reviews of commission actions, including appeal by the United States, rehearings, and review by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court.
Outlines offenses triable by commissions.
Amends the federal criminal code to add certain actions to be considered violations of the War Crimes Act.
Terrorist Surveillance Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new title relating to electronic surveillance programs (programs). Gives the Foreign Intelligence Surveillance Court (established under FISA) jurisdiction to review programs that seek to obtain foreign intelligence information or to protect against international terrorism. Allows the Court to issue an order that authorizes a program for up to 90 days. Provides for congressional oversight of approved programs.